Smith v. Resource Exchange, The et al
| Michael Smith |
| Resource Exchange, The, Colleen Head Batchelor, Colorado Department of Health Care Policy and Financing and Kim Bimestefer |
| 1:2026cv00639 |
| February 13, 2026 |
| U.S. District Court for the District of Colorado |
| Maritza Dominguez Braswell |
| Nina Y Wang |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on April 10, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 62 Plaintiff's NOTICE of Resubmission of Pre-Hearing Filing Documents in Native Digital Format by Plaintiff Michael Smith. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26)(ggill, ) |
| Filing 61 Plaintiff's RESPONSE to Defendant's Affidavits by Plaintiff Michael Smith. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26)(ggill, ) |
| Filing 60 DECLARATION of Michael Smith Authenticating Quotations from the March 11, 2026 Status Conference by Plaintiff Michael Smith. (ggill, ) |
| Filing 59 DECLARATION of Michael Smith Authenticating Quotations from the December 15, 2025 Person-Centered Service Plan ("PCSP") Team Meeting by Plaintiff Michael Smith. (ggill, ) |
| Filing 58 DECLARATION of Michael Smith Authenticating Quotations from the February 19, 2026 OAC Hearing Recording by Plaintiff Michael Smith. (ggill, ) |
| Filing 57 DECLARATION of Michael Smith Authenticating Quotations from the November 6, 2025 Level of Care Assessment Meeting by Plaintiff Michael Smith. (ggill, ) |
| Filing 56 AFFIDAVIT of Michael Smith in Response to Affidavit of Brandi Griffiths (Doc. #43 ) by Plaintiff Michael Smith. (ggill, ) |
| Filing 55 AFFIDAVIT of Michael Smith in Response to Affidavit of Kidron Backes (Doc. #42 ) by Plaintiff Michael Smith. (ggill, ) |
| Filing 54 NOTICE of Entry of Appearance by Felice Sharon Haas on behalf of Kim Bimestefer, Colorado Department of Health Care Policy and FinancingAttorney Felice Sharon Haas added to party Kim Bimestefer(pty:dft), Attorney Felice Sharon Haas added to party Colorado Department of Health Care Policy and Financing(pty:dft) (Haas, Felice) |
| Filing 50 AFFIDAVIT of Michael Smith in Response to #43 Affidavit of Brandi Griffiths by Plaintiff Michael Smith. (ggill, ) |
| Filing 49 AFFIDAVIT of Michael Smith in Response to #42 Affidavit of Kidron Backes by Plaintiff Michael Smith. (ggill, ) |
| Filing 53 Exhibits to #51 Response by Plaintiff Michael Smith. (ggill, ) |
| Filing 52 Exhibits to #51 Response by Plaintiff Michael Smith. (ggill, ) |
| Filing 51 Plaintiff's RESPONSE to Defendants' Affidavits by Plaintiff Michael Smith. (Attachments: #1 Declarations, #2 Affidavit)(ggill, ) |
| Filing 48 AFFIDAVIT re #40 Status Conference,,, Set/Reset Hearings,, by Defendants Colleen Head Batchelor, Resource Exchange, The. (Attachments: #1 Exhibit A - January 2, 2026 Emails, #2 Exhibit B - January 12, 2026 Email, #3 Exhibit C - February 2, 2026 Email, #4 Exhibit D - Order on Emergency Motion)(Kyle, Jessica) |
| Filing 47 MOTION to Dismiss Plaintiff's First Amended Verified Complaint by Defendants Colleen Head Batchelor, Resource Exchange, The. (Attachments: #1 Exhibit A - Secretary of State Documents)(Kyle, Jessica) |
| Filing 46 MOTION to Dismiss for Lack of Jurisdiction by Defendants Kim Bimestefer, Colorado Department of Health Care Policy and Financing. (Monnett, Emily) |
Filing 45
MINUTE ORDER: The #44 Unopposed Motion for Leave to File Excess Pages is GRANTED. Defendants Colorado Department of Health Care Policy and Financing and Kim Bimestefer may file a motion to dismiss of up to 30 pages in length. By Judge Nina Y. Wang on 4/3/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(nywlc8, )
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| Filing 44 Unopposed MOTION for Leave to File Excess Pages for Motion to Dismiss Plaintiff's First Amended Verified Complaint for Declaratory and Injunctive Relief by Defendants Kim Bimestefer, Colorado Department of Health Care Policy and Financing. (Attachments: #1 Proposed Order (PDF Only))(Woolf, Joshua) |
| Filing 43 AFFIDAVIT re #40 Status Conference,,, Set/Reset Hearings,, by Defendants Colleen Head Batchelor, Resource Exchange, The. (Attachments: #1 Exhibit A - January 2, 2026 Emails, #2 Exhibit B - January 12, 2026 Email, #3 Exhibit C - February 2, 2026 Email, #4 Exhibit D - Order on Emergency Motion)(Kyle, Jessica) |
| Filing 42 RESPONSE to #40 Status Conference,,, Set/Reset Hearings,, Affidavit in Resp. to Doc. 40 by Defendants Kim Bimestefer, Colorado Department of Health Care Policy and FinancingAttorney Emily Olive Monnett added to party Kim Bimestefer(pty:dft). (Monnett, Emily) |
| Filing 41 CERTIFICATE of Service by U.S. Mail by Clerk of Court re #40 Status Conference,,, Set/Reset Hearings,, to Michael Smith at 12603 Enclave Scenic Drive, Peyton, CO 80831. Text Only Entry (evaug ) |
| Filing 40 COURTROOM MINUTES for proceedings held before Magistrate Judge Maritza Dominguez Braswell: Status Conference held on 3/11/2026. Affidavit(s) due on or before 3/26/2026. In Court Hearing set for 4/14/2026 at 10:00 AM before Magistrate Judge Maritza Dominguez Braswell in Courtroom 101 of the U.S. District Court for the District of Colorado at Colorado Springs located at 212 North Wahsatch Avenue, Colorado Springs, CO. Responsive pleadings to Amended Complaint are due on or before 4/3/2026. FTR: Colorado Springs Courtroom 101. (evaug ) |
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Filing 39
MINUTE ORDER: In light of Plaintiff's #26 Amended Complaint, Plaintiff's #2 Emergency Motion for Temporary Restraining Order and Preliminary Injunction is DENIED as moot. See Does 1-11 v. Bd. of Regents of Univ. of Colo., 100 F.4th 1251, 1261 n.5 (10th Cir. 2024) (observing that the filing of an amended complaint mooted a motion for preliminary injunctive relief based on original complaint). By Judge Nina Y. Wang on 3/11/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(nywlc8, )
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| Filing 38 SUPPLEMENTAL AI CERTIFICATION for Plaintiff's First Amended Verified Complaint re #26 Amended Complaint, by Plaintiff Michael Smith (echa, ) |
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Filing 37
MINUTE ORDER: The #33 Minute Order was entered in error. The Status Conference set for March 11, 2026, is reset in time only to March 11, 2026, at 1:30 PM. By Magistrate Judge Maritza Dominguez Braswell on 3/6/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (mdblc1)
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| Filing 36 RETURN of Service upon The Colorado Attorney General. (ggill, ) |
| Filing 35 SUMMONS Returned Executed. Kim Bimestefer served on 3/3/2026, answer due 3/24/2026. (ggill, ) |
| Filing 34 Plaintiff's REPLY in Support of #2 Emergency MOTION for Temporary Restraining and Preliminary Injunction filed by Plaintiff Michael Smith. (Attachments: #1 Exhibit K, #2 Exhibit L, #3 Exhibit M, #4 Exhibit N, #5 Exhibit O, #6 Exhibit P, #7 Exhibit Q, #8 Exhibit R, #9 Exhibit S, #10 Exhibit T, #11 Exhibit U, #12 Supplemental Declaration of Michael Smith in Support of Emergency Motion for Temporary Restraining Order, #13 Supplemental Exhibit List)(ggill, ) |
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Filing 33
MINUTE ORDER: A Status Conference is set for March 11, 2026, at 12:00 PM (noon) before Magistrate Judge Maritza Dominguez Braswell. The Conference will be conducted by video using the attached instructions. By Magistrate Judge Maritza Dominguez Braswell on 3/4/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (mdblc1)
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| Filing 32 SUMMONS issued over the counter by Clerk. (eguth, ) |
| Filing 31 SUPPLEMENT/AMENDMENT to #21 Response to Motion for Temporary Restraining Order by Defendant Colorado Department of Health Care Policy and Financing. (Woolf, Joshua) |
| Filing 30 SUPPLEMENT/AMENDMENT to Defendants The Resource Exchange and Colleen Head Batchelor's Response to Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction [Doc #23 ] by Defendants Colleen Head Batchelor, Resource Exchange, The. (Kyle, Jessica) |
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Filing 29
MINUTE ORDER: This matter is before the Court on Defendants' respective response briefs, [Docs. #21 , #23 ], and Plaintiff's First Amended Complaint for Declaratory and Injunctive Relief, [Doc. #26 ]. On December 1, 2025, the Court implemented a Standing Order Regarding the Use of Generative Artificial Intelligence ("AI") in Court Filings ("Standing Order"). The Standing Order is available on the Court's website and requires litigants to include an "AI Certification" with "[e]very filing," indicating whether AI was used in drafting the filing. Defendants' response briefs and Plaintiff's Amended Complaint do not include such a certification. No later than March 6, 2026, the Parties shall file supplemental AI Certifications that comply with the Court's Standing Order and are signed by all individuals whose signatures appear on the respective filings. The Parties are advised that future failures to include an AI Certification may result in the filing being stricken without substantive consideration. By Judge Nina Y. Wang on 3/2/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (nywlc8, )
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Filing 28
MINUTE ORDER: This matter is before the Court on Plaintiff's #27 Unopposed Motion for Leave to File Excess Pages to Reply in Support of Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction ("Motion for Leave"). Plaintiff seeks leave to file a 20-page reply brief to address "numerous factual and legal issues" raised in Defendants' responses. [Doc. 27 at 2]. But several of the issues listed by Plaintiff -- including "ripeness," "Younger abstention," and the "state-created danger doctrine" -- do not appear in Defendants' respective responses. [Id.]. See generally [Doc. #21 ; Doc. #23 ]. Although Plaintiff may address bases for relief that he believes Defendants failed to rebut, it is unclear why he needs additional pages to reply to arguments that do not exist. See BlueRadios, Inc. v. Kopin Corp., No. 16-cv-02052-JLK, 2024 WL 5356869, at *2 (D. Colo. June 24, 2024) ("It is axiomatic that a reply brief is limited to the nonmovant's responses."). Accordingly, Plaintiff's Motion for Leave is respectfully GRANTED in part and DENIED in part. Plaintiff may file a reply brief of up to 15 pages in length. By Judge Nina Y. Wang on 3/2/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(nywlc8, )
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| Filing 27 Unopposed MOTION for Leave to File Excess Pages to Reply in Support of #2 Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction by Plaintiff Michael Smith. (Attachments: #1 Proposed Order (PDF Only)) (ggill, ) |
| Filing 26 FIRST AMENDED VERIFIED COMPLAINT for Declaratory and Injunction Relief (42 U.S.C. 1983; ADA Title II, 42 U.S.C. 12132; Medicaid Act, 42 U.S.C. 1396a) against Colleen Head Batchelor, Colorado Department of Health Care Policy and Financing, Resource Exchange, The, Kim Bimestefer, filed by Michael Smith. (ggill, ) |
| Filing 25 NOTICE of Filing First Amended Verified Compliant Pursuant to D.C.COLO.LCIVR 15.1(a) by Plaintiff Michael Smith. (Attachments: #1 Redlined Proposed First Amended Complaint, #2 Proposed Summons, #3 Proposed Summons) (ggill, ) |
| Filing 24 NOTICE of Entry of Appearance by Emily Olive Monnett on behalf of Colorado Department of Health Care Policy and FinancingAttorney Emily Olive Monnett added to party Colorado Department of Health Care Policy and Financing(pty:dft) (Monnett, Emily) |
| Filing 23 RESPONSE to #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendants Colleen Head Batchelor, Resource Exchange, The. (Attachments: #1 Exhibit A - Affidavit of Brandi Griffiths, #2 Exhibit B - Declaration of David Bunch)(Kyle, Jessica) |
| Filing 22 Joint STATUS REPORT by Defendant Colorado Department of Health Care Policy and Financing. (Woolf, Joshua) |
| Filing 21 RESPONSE to #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendant Colorado Department of Health Care Policy and Financing. (Attachments: #1 Exhibit 1 - Waiver Chart)(Woolf, Joshua) |
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Filing 20
MINUTE ORDER: Colorado Department of Health Care Policy and Financing's ("HCPF") #19 Unopposed Motion for Leave to File Excess Pages is GRANTED. HCPF may file a response brief of up to 25 pages in length. By Judge Nina Y. Wang on 2/26/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(nywlc8, )
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| Filing 19 Unopposed MOTION for Leave to File Excess Pages to Response to Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction [Doc. 2] by Defendant Colorado Department of Health Care Policy and Financing. (Attachments: #1 Proposed Order (PDF Only))(Woolf, Joshua) |
| Filing 18 NOTICE of Entry of Appearance by Jessica L. Kyle on behalf of Colleen Head Batchelor, Resource Exchange, TheAttorney Jessica L. Kyle added to party Colleen Head Batchelor(pty:dft), Attorney Jessica L. Kyle added to party Resource Exchange, The(pty:dft) (Kyle, Jessica) |
| Filing 17 NOTICE of Entry of Appearance by Joshua Robert Woolf on behalf of Colorado Department of Health Care Policy and FinancingAttorney Joshua Robert Woolf added to party Colorado Department of Health Care Policy and Financing(pty:dft) (Woolf, Joshua) |
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Filing 16
ORDER REFERRING CASE: This case is referred to Magistrate Judge Maritza Dominguez Braswell for all motions. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the request of the Parties by motion, this Court may direct the Parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Alternatively, the Magistrate Judge, at her discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 2/23/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (nywlc8, )
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| Filing 15 RETURN of Service upon The Colorado Attorney General. (ggill, ) |
| Filing 14 SUMMONS Returned Executed. Colleen Head Batchelor served on 2/20/2026, answer due 3/13/2026. (ggill, ) |
| Filing 13 SUMMONS Returned Executed. Colorado Department of Health Care Policy and Financing served on 2/19/2026, answer due 3/12/2026. (ggill, ) |
| Filing 12 SUMMONS Returned Executed. Resource Exchange, The served on 2/20/2026, answer due 3/13/2026. (ggill, ) |
| Filing 11 CERTIFICATE of Mailing by USPS by Clerk of Court re 10 Minute Order,,,, to Michael Smith 12603 Enclave Scenic Drive Peyton, CO 80831. Text Only Entry. [Emailed as Ordered] (echa, ) |
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Filing 10
MINUTE ORDER: Plaintiff's #2 Emergency Motion for Temporary Restraining Order and Preliminary Injunction ("Motion for TRO") is DENIED in part to the extent it requests an ex parte temporary restraining order. Plaintiff's Declaration, [Doc. 1-2], does not include the information required by Rule 65(b)(1). Fed. R. Civ. P. 65(b)(1). No later than February 24, 2026, Plaintiff shall serve Defendants with a summons, a copy of the Complaint, and a copy of the #2 Motion for TRO. Defendants shall respond to the Motion for TRO within seven days of service. Within seven days of service, the Parties shall file a joint status report indicating whether they request oral argument and/or an evidentiary hearing on the Motion for TRO. As a one-time courtesy, the Clerk of Court is DIRECTED to serve Plaintiff with this Minute Order by email, using the email address provided in the Complaint. [Doc. #1 at 25]. By Judge Nina Y. Wang on 2/19/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (nywlc8, )
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| Filing 9 Letter from Clerk of Court re: Service of Process of #1 Verified Complaint. [Summons already issued per ECF #5 ]. (Attachments: #1 Rule 4) (ggill, ) |
| Filing 8 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (pklin, ) |
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Filing 7
Order Drawing Case by Magistrate Judge Richard T. Gurley on 02/19/2026. After review pursuant to D.C.COLO.LCivR 8.1(a), the court has determined that this case does not appear to be appropriate for summary dismissal. Therefore, the case will be drawn to a presiding judge. See D.C.COLO.LCivR 8.1(c). Based on the pending motion for a temporary restraining order and preliminary injunction, and D.C.COLO.LCivR 40.1(c)(2)(a), the case may not be directly assigned to a magistrate judge. Accordingly, it is ordered that this case be drawn to a district judge. (This case has been randomly reassigned to District Judge Nina Y. Wang and drawn to Magistrate Judge Maritza Dominguez Braswell for all further proceedings. All future pleadings should be designated as 26-cv-00639-NYW.) For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (pklin, )
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| Filing 6 PAYMENT RECEIVED from Michael Smith in the amount of $ $405.00; Receipt Number 117074; (eguth, ) |
| Filing 5 SUMMONS issued by Clerk over the counter. (echa, ) |
| Filing 4 Proposed Summons by Plaintiff Michael Smith. (pklin, ) |
| Filing 3 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (a). Text Only Entry. (eguth, ) |
| Filing 2 EMERGENCY MOTION for Temporary Restraining Order, and Preliminary Injunction by Plaintiff Michael Smith. (Attachments: #1 Proposed Order (PDF Only), #2 Information)(eguth, ) |
| Filing 1 VERIFIED COMPLAINT for Declaratory and Injunctive Relief against Colleen Head Batchelor, Colorado Department of Health Care Policy and Financing, Resource Exchange, The, filed by Michael Smith. (Attachments: #1 Civil Cover Sheet, #2 Declaration, #3 Exhibit List, #4 Summons, #5 Summons, #6 Summons)(eguth, ) |
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